ACIT, NEW DELHI vs. M/S GULAB FARMS PVT. LTD., GURGAON

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ITA 1208/DEL/2016Status: DisposedITAT Delhi21 January 2019AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT circular is binding on the revenue authorities. Since the tax effect in the appeal was less than Rs. 20 lakhs, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. At the outset, the Revenue brought to the Tribunal's attention a CBDT circular revising the monetary limit for filing appeals. The tax effect in this appeal was below the revised limit.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal in light of the CBDT's revised monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI

Before: SHRI H.S.SIDHU & SHRI PRASHANT MAHARISHI

For Appellant: Shri K.V.SR Krishna, CA
For Respondent: Ms. Rinku Singh, Sr. DR, Shri K.V.SR Krishna, CA
Hearing: 15/01/2019Pronounced: 21/01/2019

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 12.01.2016 of ld CIT(A)-4, New Delhi for the Assessment Year 2012-13.

2.

At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.03/2018 dated 11TH July 2018 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.20 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

3.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Sl.No. Appeals in Income-tax matters Monetary Limit(in Rs.) 1. Before Appellate Tribunal 20,00,000 Page | 1

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